Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1887-12-02
The Many Abuses of the Public Land
Law Commented Upon bv
the Secretary.
How UnsOphisticated Settlers Have
Been Robbed of Their Legal
Rights by Agents.
An Appropriation Necessary to Com
plete Surveys Before Finally
Adjusting Grants.
1t Snnacks of Sparks.

1t Smacks of Sparks.
WASHINGTON. Nov. 29,-One of the most
important features of Secretary Lamars
forthcoming annual report is the part
which relates to the adjustments of rail-
road land grants. He has to-day received
this part of his report from the public
printer and it reads as follows: Shortly
after my appointment to the position now
have the honor to hold and as | became
somewhat familiar with the public land
system, its organization and the workings
thereof, became more and more impressed
with the fact that the public domain was
being diverted from it's legitimate purpose
and converted to objects the inevitable ef-
fects of which were repugnant to the en-
tire theory on which the land system was
based. Apart from the methods of illegal
appropriation of the public domain ef-
fected through the provisions of the several
laws for acquiring title thereto, became
convinced that the administration of con-
gressional grants of lands to wagon and
railroads had given rise to
ENORMOUS ABUSES.
Congress had not only made grants which
in some instances exceeded in extent the
area of a half dozen of the largest and most
pOpulouS states OF the union, but in addi-
ton had provided that any losses of lands
within the granted limits should be salts
fed by selections of lands within other and
adjoining limits, thus nearly doubling the
area of the original grants. Under these
acts the land department had withdrawn
from public appropriation not only the
granted limits as required by law, but also
the lands within the indemnity limits, at
the request of the grantee companies.
Thus enormous quantities of public lands
were held in reservation to await the con-
veyance of the respective corporations in
the construction of their selections of it's
lands and the uncertain adjustments of
the grants by the department.. do not for
a moment mean to question the wisdom of
aiding in the construction of railroads.
That policy was at that time wise one.
But in the light of experience it may well
be asked whether it would not have been
wiser to have aided these great enterprises
otherwise than by grants of the public do
main. Though much good has been
wrought, certain it is that the legislation by
which these vast territories passed under
the dominion of railroad companies gave
AN INCURABLE WOUND TO THE HOME
STEAD SCHEME
before that scheme had a, fair opportunity
of displaying its beneficial effects. This
land grant legislation was certainly not in
harmony with the theory of distribution
of the public domain among the people
and gave up to capitalists as basis for
traffic and speculation and gigantic fnan-
cial schemes what was by the original pol
icy of the government designed to be the
homes for an Industrious and thrifty peo-
pie, the abodes of domestic happiness and
virtue and patriotism. Notwithstanding g
these indemnity Withdrawals were made
pany, few of these, if any OF them. con-
structed their roads within the time pre-
Scribed in the granting act as an express
condition on which the grant was made.
Maps of the 'prObable," general" ''desig-
mated" and "defnite'' routes of railroads
were filed with rapidty in the department
and Withdrawals Hereunder asked and al
most invariably granted until the public
land states and territories were gridironed
with railroad grants and indemnity limits
and in many instances the limits of the
road overlapping and conflicting with
other roads in the most beWildering man
her, so that the settler seeking home
could scarcely find desirable location that
was not claimed by some one or perhaps
two or three of the many roads to which
grants of lands had been made by con-
gress. Nor was this all. Though the de-
sired tract might not be apparently cOv-
cred by railroad location, the settler
would hardly select it before the agents of
the corporations wOnld set up claim to it
or to take the right to occupy and demand
privileges conferred by the granting act.
Thus the settler, ignorant of his legal
rights and with no one to advise him with
respect to either the law or the facts,
would, for the sake Of peace and a home,
readily consent to purchase from the COM
pany. In this way these corporations, in
addition to the lands granted to them,
have claimed, sold and received the price
Of a great deal of other land to which they
had
NEITAER LEGAL NOR MORAL RIGHT.
The confusion, hardship and impositions
practiced upon the settlers were greatly
increased by the bold schemes of the cor
porate agents, where Withdrawals were
made of lands to which the legal titles of
the companies had not attached and which
afterwards remained In the same condi-
ton for years through the failure of con.
grcss To make the necessary appropriations
for the surveys. When, however, through